On Point: 1. Appeals

State ex rel Unnamed Persons v. State, 2003 WI 30
For Unnamed Persons: Franklyn M. Gimbel, et al.
Issue/Holding:

¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently broad in scope to permit the court of appeals to exercise supervisory jurisdiction over the actions of a judge presiding over a John Doe proceeding.

Raz v. Brown, 2003 WI 29
Issue/Holding: Because it is no different in effect from dismissal with prejudice, summary reversal is a “drastic sanction” triggering the test under State v. Smythe, 225 Wis. 2d 456, 592 N.W.2d 628 (1999) and § 809.83(2), and may not be imposed “without finding egregious conduct, bad faith, or a litigant’s abandonment of the appeal.” ¶¶3,

 State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03
For Edwards: Margaret A. Maroney, SPD, Madison Appellate
Issue/Holding:

¶8. As a threshold matter, we reject Edwards’ challenge to the trial court’s order staying Edwards’ conditional jail time because the order was issued ex parte and without notice. We hold that Edwards failed to raise this issue with sufficient prominence before the trial court.

State v. Shon D. Brown, 2003 WI App 34, PFR filed 2/3/03
For Brown: Robert T. Ruth

Issue/Holding: Where defendant was charged with theft and operating without consent relating to property and a vehicle that he had permission to take but failed to deliver to the agreed out-of-state destination, his proffer that he drove to a truck stop where he abandoned the vehicle was insufficient to preserve the issue of whether the trial erred in excluding his testimony due to failure to comply with notice of alibi requirement,

State v. Gary M.B., 2003 WI App 72, affirmed, 2004 WI 33
For Gary M.B.: T. Christopher Kelly
Issue/Holding:

¶11. As Gary correctly notes, however, we are not bound by the Ohler decision because the Supreme Court’s holding did not rest on an interpretation of U.S. Constitutional or other “federal law” that we must apply in this case.

State v. Steven G. Walters, 2003 WI App 24, reversed on other grounds, 2004 WI 18
For Walters: Jenelle L. Glasbrenner, David A. Danz
Issue/Holding:

¶25. We cannot ignore the arguments offered by the State at the trial court level at both the motion to exclude before Judge Race and the motion for reconsideration before Judge Carlson. We are troubled by the district attorney’s arguments that a trial court is free to ignore published decisions of the court of appeals.

State v. Timothy M. Ziebart, 2003 WI App 258
For Ziebart: Robert R. Henak

Issue/Holding:

¶26. Where the trial court incorrectly instructs the jury, this court must set aside the verdict unless that error was harmless; that is to say, unless there is no reasonable possibility that the error contributed to the conviction. State v. Neumann, 179 Wis. 2d 687, 703, 508 N.W.2d 54 (Ct.

State ex rel Unnamed Persons v. State, 2003 WI 30
For Unnamed Persons: Franklyn M. Gimbel, et al.

Issue/Holding:

¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently broad in scope to permit the court of appeals to exercise supervisory jurisdiction over the actions of a judge presiding over a John Doe proceeding.

State v. James S. Riedel, 2003 WI App 18, PFR filed 1/27/03
For Riedel: Ralph A. Kalal

Issue/Holding:

¶8. At the outset, we reject the State’s threshold argument that Riedel is precluded from challenging the trial court’s suppression ruling based on Riedel’s conviction on the OWI charge and the dismissal of the PAC charge. The State reasons that Riedel’s appeal lacks a justiciable controversy because he has failed to argue that he would not have pled to the OWI charge if the trial court had granted the suppression motion or that the OWI evidence would have been insufficient absent the blood test results.

State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals
For Hunt: Rex R. Anderegg

Issue/Holding:

¶43. The State maintains that the court of appeals erred in interpreting Sullivan. We agree. Sullivan does not state, as the decision of the court of appeals suggests, that in situations where the circuit court fails to set forth a detailed analysis for admitting or excluding other-acts evidence,